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Adjusting the Legal Profession’s Privacy Responsibilities to Keep Up with Technological Changes

Author: Kristin Wolek (University of Arizona)

  • Adjusting the Legal Profession’s Privacy Responsibilities to Keep Up with Technological Changes

    Article

    Adjusting the Legal Profession’s Privacy Responsibilities to Keep Up with Technological Changes

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Abstract

Protecting privacy is rarely simple. Privacy is a right that has significant limitations, especially where legal actions are concerned. For example, there are situations in which privacy laws may be relaxed, especially when it comes to criminal activity. In these instances, information being shared may not necessarily be considered a breach of ethics. Moreover, there are situations in which a lawyer may be allowed to violate their duty of confidentiality, such as when they have confidential information that would prevent harm to another person. In these instances, it can be complicated for lawyers to assess the nuances of the situation, especially when their client shares information—in confidence—about criminal activity. Thus, an ethical lawyer must often consider how to properly and ethically use the sensitive and private information they obtain.

The obligations lawyers have regarding information are very serious. A breach of privacy ethics could have a drastic impact on individual clients and on the practice of law in general. The legal profession remains fairly traditional compared to other industries, and as a result, modern technology is something many lawyers may not be especially knowledgeable about. Legal professionals may not understand the risks associated with this technology, especially when it comes to cyber security. However, they must learn about technology and the ways in which it may impact privacy in the legal field in order to uphold legal ethics.

How to Cite:

Kristin Wolek, Adjusting the Legal Profession's Privacy Responsibilities to Keep Up with Technological Changes, 7 Ariz. L. J. Emerging Tech., no. 4, 2024, https://doi.org/10.2458/azlawjet.6397

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Published on
09 May 2024